Costs

Germany

In this case study on family law (divorce), Member States were asked to advise the party filing for divorce on litigation costs in the following situations: Case A – National situation: a couple gets married. Later they separate and agree to a divorce. Case B – Transnational situation: Two nationals from Member State A marry in Member State A. After the wedding, the couple move to another Member State (Member State B) where they establish their residence. Shortly thereafter, the couple separates, with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Shortly after her return to Member State A, the wife files for a divorce before the courts of Member State B.

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Germany

Costs in Germany

Costs for court and appeals


Case study

Court

Appeals


Initial court fees

Initial court fees

Case A

Depends on income and assets.

Depends on income and assets.

Case B

Depends on income and assets.

Depends on income and assets.



Costs for lawyers


Case study

Lawyer


Average costs

Case A

Depends on income and assets.

Case B

Depends on income and assets.



Costs for witness compensation and pledge or security


Case study

Witness compensation

Pledge or security


Are witnesses compensated?

Does this exist and when and how is it used?

Case A

Yes, but witnesses are not normally required.

No

Case B

Yes, but witnesses are not normally required.

No



Costs for legal aid and other reimbursement



Case study

Legal aid

Reimbursement


When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total what is percentage in general?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Depends on income and assets.

Yes

Half

If the person’s income and financial circumstances improve and in the case of payment by instalments.

Case B







Costs for translation and interpretation


Case study

Translation

Interpretation

Other costs specific to cross-border disputes?


When and under which conditions is it necessary?

Approximate costs?

When and under which conditions is it necessary?

Approximate costs?

Description

Case A






Case B

At the court’s discretion.

Usually EUR 1.55 per 55 keystrokes, plus expenses and turnover tax.

At the court’s discretion.

EUR 70 per hour, plus expenses and turnover tax.

Service of documents abroad.

Last update: 17/06/2024

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